Curatelle Act, 2021
Act 23 of 2021
- Assented to on 28 June 2021
- Commenced on 1 July 2021
- [This is the version of this document from 28 June 2021.]
1. Short title and commencementThis Act may be cited as the Curatelle Act, 2021, and shall come into operation on the same date that the Civil Code of Seychelles Act, 2020 (Act 1 of 2021), comes into operation.
2. InterpretationIn this Act, except where the context otherwise requires—"absentee" means a person absent from and not legally represented in Seychelles who there is reason to believe is entitled to property in Seychelles;"Civil Code" means the Civil Code of Seychelles Act, 2020 (Act 1 of 2021);"Constitutional Appointments Authority" means the Constitutional Appointments Authority established under article 139 of the Constitution of the Republic of Seychelles (Cap. 42);"Court" means the Supreme Court;"Comptroller General" means the Comptroller General appointed under the Public Finance Management Act, 2012 (Act 9 of 2012)."Curator" means the Curator appointed under this Act;"register of executors" means the register of executors maintained by the Registrar General under this Act";"register of fiduciaries" means the register of fiduciaries maintained by the Registrar General under this Act";"Registrar" means the Registrar of the Court and includes "Assistant Registrar" and any person authorised to act in place of the Registrar;"registry" means the registry of the Supreme Court;"unclaimed property" means any property in Seychelles whose owner cannot be ascertained;"vacant estate" means a vacant succession and includes unclaimed property;"vacant succession" means the succession of a deceased in respect of whom there is reason to believe that he or she died possessed of property in Seychelles, whether the property is ascertained or not, and that the deceased died intestate and without heirs in Seychelles;"vesting order" includes any judgment, order or decree of any court, tribunal, Magistrate or Judge by which the Curator has been sent or put in possession of or been vested with, any succession, property or right;"working day" means a day other than a Saturday, Sunday or public holiday.
3. Appointment and removal of Curator
4. Functions of the Curator
5. Vesting order
6. Request for Curator to act
7. Notice for immovable property
8. Vesting order consequences
9. Administration of vacant estates
10. Vesting of movable property
12. Sale of movable property
13. Division of property among co-owners
14. Sale of immovable property
15. Application for order under section 14
16. Grant of leases by Curator
17. Conflict of interestIn no case shall the Curator have any interest direct or indirect in any sale or lease of property under the charge of the Curator.
18. Curator to watch over and administer estates under his or her care
19. Fixing of seals
20. Wills affecting the rights of absentees
21. Sale by licitation
23. Appointment of executors
24. Time limits on executor
25. Supervision of executors and revocation of appointment of executors
26. Divesting order
27. Non-liability of Government or Curator
28. Compromise and arbitration
29. Monthly accounting
30. CourtsThe Court may, upon the application of the Curator, stay any legal proceedings, or any sale of immovable property, or the execution of any will, or generally any proceeding, judicial or extrajudicial, by which the rights of persons represented by the Curator may be affected, for such time and upon such terms as to the Court may seem just.
31. FeesA fee according to the scale set out in the First Schedule shall be payable to Government in respect of any succession or property vested in the Curator or in respect of any procedure involving the Curator under this Act.
32. Vesting order consequences
33. Curator ad litem
34. Employment of legal counsel
35. Report on immovable propertyWhenever the Curator is in charge of immovable property, the Curator may give notice of the fact to the principal secretary of the department of Government responsible for land, whose duty it shall then be to keep, watch, superintend and protect such property on behalf and at the expense of the vacant estate concerned.
36. Small estates
38. Register of executors and fiduciaries
39. Regulation-making powerThe Minister responsible for legal affairs may make regulations for more effectually carrying out the purposes and provisions of this Act and amend the Schedules to this Act.
40. Rule-making power
42. RepealThe Curatelle Act (Cap 55) is repealed.
History of this document
01 July 2021
28 June 2021 this version
Published in number